true crime

Convicted rapist banned from having sex, as part of controversial sentencing decision.

A US man convicted of statutory rape has been ordered not to have sex as part of unique sentencing decision.

Judge Randy Stoker of the 5th District Court in Idaho said the order would come into effect if Cody Herrera, 19, was released on probation after successfully completing a rehabilitation course.

Herrera pleaded guilty to raping a 14-year-old girl in March 2015, a crime committed when he was 18 years old.

Judge Stoker is believed to have based the ruling on an archaic Idaho state law that forbids premarital sex.

“If you’re ever on probation with this court,” he said during Herrera’s sentencing hearing, “a condition of that will be you will not have sexual relations with anyone except who you’re married to, if you’re married.”

Stoker told the court he was, in part, be enforcing the ruling because Herrera told investigators he had previously had 34 different sexual partners.

“I have never seen that level of sexual activity by a 19-year-old,” Stoker said.

rapist banned from having sex
Image: Twin Falls County Jail.

The decision has been questioned by several legal experts. Among them, Shaakirrah R. Sanders, an associate professor at the University of Idaho College of Law, who described it to Twin Falls Times-News as "bizarre" and suggested that enforcement would possibly in breach of Herrera's constitutional rights.

“Probationers already give up a lot, especially in terms of law enforcement monitoring,” Sanders told the outlet. “But how would you even enforce this? It seems to be quite intrusive if they can just bust into his bedroom to make sure he’s not getting it on.”

If Herrera fails to complete the program or subsequently breaches the celibacy order, he will be forced to serve his suspended 15-year prison term.

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